CAPF AC 2020 Q73: Indian Polity – Union & State Executive
Which one of the following statements about the Attorney-General of India is NOT correct?
- (a) The person must be qualified to be appointed as a judge of the Supreme Court
- (b) He/she enjoys right of audience only in the Supreme Court and High Courts in India
- (c) He/she holds office during the pleasure of the President
- (d) He/she receives remuneration as determined by the President
Answer: (b) He/she enjoys right of audience only in the Supreme Court and High Courts in India
Explanation
Attorney-General of India
How to think: look for the word only.
The Attorney-General can appear in every court in India, not just the higher courts.
| Statement | Verdict | Fact |
|---|---|---|
| (a) Must be qualified to be appointed a judge of the Supreme Court | True | Article 76(1) |
| (b) Enjoys right of audience only in the Supreme Court and High Courts | NOT correct | Right of audience in all courts in the territory of India |
| (c) Holds office during the pleasure of the President | True | Article 76(4); no fixed term |
| (d) Receives remuneration as determined by the President | True | Article 76(4) |
More on the Attorney-General:
| Fact | Detail |
|---|---|
| Position | Highest law officer of the country |
| Appointed by | The President |
| In Parliament | Can speak in both Houses but cannot vote (Article 88) |
| Private practice | Allowed, but not against the Government |
Answer: (b) He/she enjoys right of audience only in the Supreme Court and High Courts in India.
Why each option is right or wrong
- (a) Incorrect. This statement is true: the qualification is that of a Supreme Court judge.
- (b) CORRECT. This is the wrong statement: the right of audience extends to all courts in India.
- (c) Incorrect. This statement is true: the office is held during the pleasure of the President.
- (d) Incorrect. This statement is true: the President fixes the remuneration.
Key point
Attorney-General (Article 76): highest law officer, qualified as a Supreme Court judge, holds office at the President's pleasure, right of audience in all courts, can speak in Parliament but not vote (Article 88).
Remember
Attorney-General: all courts, no vote in Parliament, President's pleasure.
Common mistakes
- Limiting the right of audience to the Supreme Court and High Courts.
- Thinking the Attorney-General has a fixed term of office.
- Believing the Attorney-General can vote in Parliament.
Exam tip
Words like only narrow a statement. Test them first when asked for the incorrect statement.
Sources
- Constitution of India — Articles 76 and 88
- M. Laxmikanth — Indian Polity, chapter on the Attorney General of India